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Wal-Mart scammed into price-matching the bogus 89.99$ PS4 listing on Amazon.

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Vestal

Gold Member
The same could be said of someone who tag swapped. They would have reciept but the transaction would be based on fraudulent action. To be clear I am talking about this specific situation with the fake amazon sales, not price matching in general.

Fraud might be a better term than theft. Both involve a loss of property in this case. I don't think anyone is going to get arrested over this, but I do think Wal-Mart's lawyers would love to take a shot at anyone who did it. I heard they are pretty bloodthirsty.

300 dollars is a drop in the bucket for walmart compared to the PR nightmare that would ensue.
 

Marcel

Member
So Wal-Mart offers a program to match any LEGIT competitor's price, some bleep'holes create fraudulent ads with fake prices and manage to steal $400usd PS4s for way-below MFR and Wal-Mart is the big, bad corporate entity?

I'm sure a judge will side with the thieves...

I'm sure Wal-Mart will be too embarassed by thieves who comitted flat-out fraud to steal PS4s...

Please. These folks will be getting letters/summons/subpoenas from lawyers and possibly visits from police officers soon.

Let us know when they're actually prosecuted. Oh wait, you'll forget about this controversy du jour by next week.

To say nothing of the fact that your belief is not supported by any sort of precedent. Present what you got or sit down.
 

Nafai1123

Banned
Still doesn't make sense. If the massive deficit you inflicted upon one retailer caused an okay profit at another, the latter retailer may hold you in esteem but you're still responsible for a net loss to the economy at large.

I think you're missing my point. I responded to the argument that taking advantage of this only benefits the individual. I'm not referring to the economy at large or trickle down economics like others have suggested. Merely suggesting the idea that others could benefit.
 

Xeroblade

Member
So every one who took part in the great walmart glitch of last year is a theif too? Because Walmart honored a few thousand people? I still dont understand this thread.
 
Wal-Mart was decieved by fraudulent ads used by thieves.

That is a crime. This isn't a "glitch". This was intent to steal using a fraudulent scheme.

No judge will throw out a case where the accused created a fake advertisement to dupe a cashier or customer service rep - the intent was to steal. There is no other way to look at it.
 

prag16

Banned
So every one who took part in the great walmart glitch of last year is a theif too? Because Walmart honored a few thousand people? I still dont understand this thread.
NO.

That glitch is comparable to the times PSN has had glitches and some people got games for free

THIS is more comparable to people downloading a pirated game, then claiming no fault because they weren't the ones who actually cracked/shared the game.

EDIT to clarify, in the former case the "harmed" party made the mistake which caused the harm. In the latter case, a third party entered the equation in order to enable the harm.
 

Marcel

Member
Wal-Mart was decieved by fraudulent ads used by thieves.

That is a crime. This isn't a "glitch". This was intent to steal using a fraudulent scheme.

No judge will throw out a case where the accused created a fake advertisement to dupe a cashier or customer service rep - the intent was to steal. There is no other way to look at it.

This is normally where you present precedent to support what you're saying. You believe they'll be prosecuted? The onus is on you to prove it. Otherwise you're just shouting into the air with your laughable thirst for "justice" over a game console.
 

Beefy

Member
The people making the false listings on Amazon are the ones to blame. I see that guy who got one for $49 is sending out links to Amazon listings of PS4 at low prices.
 

Xeroblade

Member
NO.

That glitch is comparable to the times PSN has had glitches and some people got games for free

THIS is more comparable to people downloading a pirated game, then claiming no fault because they weren't the ones who actually cracked/shared the game.

Soooo why is everyone so bitter?
 

Zaku

Member
Let us know when they're actually prosecuted. Oh wait, you'll forget about this controversy du jour by next week.

To say nothing of the fact that your belief is not supported by any sort of precedent. Present what you got or sit down.

A law has been cited several times which directly states that what occurred was theft. Right now it's not necessarily a matter of whether or not it was, in fact, illegal, but whether it's worth the PR shitstorm for Walmart to track down the (dozens? hundreds?) people who took advantage of the fraudulent offering.

Part of the problem is proving intent. Unless Walmart has specific proof that the customer in this case performed the transaction in bad faith (which can likely be assumed, but not proven in 90% of these particular cases), even if they took the customer to court over it they couldn't prove intent, and the whole thing would be a wash.

Ultimately, the dollar value is too low and intent is too vague to prosecute. The law was indeed broken, but the financial burden of prosecuting and the chances of proving guilt are too low for any prosecutor to touch it.

It's undoubtedly fraud (or theft, as was cited earlier in the thread), but the margin for success in proving it is too low to prove in a court of law.
 
Whilst driving, a person is jaywalking in front of your car. Jaywalking is illegal and you had the right of way, and knowing this, you continued to drive and killed him. Too bad for them, they shouldn't have been jaywalking. Mess up once and you're gone! Shouldn't have jaywalked!
Why are the analogies always about cars or people dying? And in this case, both.
 

Vestal

Gold Member
A law has been cited several times which directly states that what occurred was theft. Right now it's not necessarily a matter of whether or not it was, in fact, illegal, but whether it's worth the PR shitstorm for Walmart to track down the (dozens? hundreds?) people who took advantage of the fraudulent offering.

Part of the problem is proving intent. Unless Walmart has specific proof that the customer in this case performed the transaction in bad faith (which can likely be assumed, but not proven in 90% of these particular cases), even if they took the customer to court over it they couldn't prove intent, and the whole thing would be a wash.

Ultimately, the dollar value is too low and intent is too vague to prosecute. The law was indeed broken, but the financial burden of prosecuting and the chances of proving guilt are too low for any prosecutor to touch it.

It's undoubtedly fraud (or theft, as was cited earlier in the thread), but the margin for success in proving it is too low to prove in a court of law.

that law is very vague and like I stated earlier, any lawyer worth a dime will argue that the receipt of purchase proves the consumer paid the Retail value set by the merchant for said item.
 

Marcel

Member
A law has been cited several times which directly states that what occurred was theft. Right now it's not necessarily a matter of whether or not it was, in fact, illegal, but whether it's worth the PR shitstorm for Walmart to track down the (dozens? hundreds?) people who took advantage of the fraudulent offering.

Part of the problem is proving intent. Unless Walmart has specific proof that the customer in this case performed the transaction in bad faith (which can likely be assumed, but not proven in 90% of these particular cases), even if they took the customer to court over it they couldn't prove intent, and the whole thing would be a wash.

Ultimately, the dollar value is too low and intent is too vague to prosecute. The law was indeed broken, but the financial burden of prosecuting and the chances of proving guilt are too low for any prosecutor to touch it.

It's undoubtedly fraud (or theft, as was cited earlier in the thread), but the margin for success in proving it is too low to prove in a court of law.

It's a grey area that Walmart would be stupid to try to pursue in the courts. Netherscourge is just doing that thirsty GAF justice thing where "put 'em in jail" solves everything.
 

prag16

Banned
And don't forget rape and rape apologists and rape apologist logic. Definitely worth bringing up in a thread about a two-bit PS4 scam.
Oh please. You knew damn well the point he was making. Instead you decided to deflect by engaging in grandstanding rather than addressing the valid point made.
 

Zaku

Member
that law is very vague and like I stated earlier, any lawyer worth a dime will argue that the receipt of purchase proves the consumer paid the Retail value set by the merchant for said item.

Hence why I stated it was indeed illegal, but not worth prosecuting. Even a half-decent court-appointed fresh from cut-rate law school newbie could get reasonable doubt for this.
 
Soooo why is everyone so bitter?

I've been in this thread all day and have no idea.

It's pretty clear that this particular idea of making false amazon listings in order to obtain a price match is a fraudulent act. I think most are in agreement on that.

Then it comes down to layers of intent, on actual and perceived damage, legality and illegality. It has taken an... Interesting... Tone over the last few hours.
 
300 dollars is a drop in the bucket for walmart compared to the PR nightmare that would ensue.

Wal-Mart is pretty vigilant about Shrink.

$300 is a drop in the bucket at the corporate level, but at the store level a manager is going to ask questions about $300 because her/his boss is going to ask abot $300.

I agree that they probably don't want to invite bad PR, they raise their threshold to prosecute shoplifting a few years ago due to bad PR. The new amount you have to steal for them to prosecute? $25.
 

Marcel

Member
Oh please. You knew damn well the point he was making. Instead you decided to deflect by engaging in grandstanding rather than addressing the valid point made.

I don't see how a loaded mostly unrelated comparison is valid at all. As a woman it's pretty disgusting to see it tossed around as a navel-gazing intellectual exercise in a thread about people ripping off Walmart for a fucking game console.
 

Loofy

Member
WM's pricematching is pretty silly. Show the cashier your phone and boom youre done. Whenever I price match at bestbuy they have to go check it for themselves on their own computer.
 

Zaku

Member
I don't see how a loaded mostly unrelated comparison is valid at all. As a woman it's pretty disgusting to see it tossed around as an navel-gazing intellectual exercise in a thread about people ripping off Walmart for a fucking game console.

For the record, I was making fun of rape apologists with that analogy, and only very vaguely. Rape isn't funny, but rape apolgists are hilariously stupid and deserve every inch of scorn and ridicule they get.
 

Marcel

Member
For the record, I was making fun of rape apologists with that analogy, and only very vaguely. Rape isn't funny, but rape apolgists are hilariously stupid and deserve every inch of scorn and ridicule they get.

I definitely agree with you but I feel like it does your argument a disservice to bring it up in a thread about a PS4 scam. A far cry from a discussion about the prevalence of rape culture in America.
 
My local GAME never check price matches on trade-ins, showing them your phone image is enough (probably because they demand you provide proof before they'll price match, won't look up/do it for you).

Always wondered if I could just photoshop another store offering more than they really are.
 
I'm not defending the people doing this, because it's clearly fraudulent. I know that when people came into the electronics department at the Target I worked at and asked to price match online offers, I checked and doubled checked the site to make sure it was correct. Seeing it being "Fufilled by AmznElectnics" would have set me off at least. I know our store has iPads set up for the sole purpose for US to double check, not have someone flash us their phone with some fake website set up. The people working at the guest services desk or electronics section should have known better.
 

Bsigg12

Member
My experience with price matching at some places is they ring up the other shop to check it is currently in stock there.

Well with Walmart, they have to be able to find the item, add it to their cart, and proceed to checkout before they'll allow it to go through. It's all done on their little handheld device by a manager and if they can't do it, they won't give you the price.
 

Shig

Strap on your hooker ...
What are your thoughts on misprints in physical ads and also on price-matching those?
I don't have any problem holding someone responsible for a mistake they made themselves. Not a fan of holding folks accountable for some unrelated third party's mistakes. Applies as much to businesses as it does to people, in my mind.

See the Walmart price glitches last year. WM's employees fucked up on WM's website and people want WM to honor them? That's fine, the mistake happened on their watch, fixing the mistake can come out of their pocket. But you print out those clearly insane pricing errors and take them to Best Buy, expect BB to piss away their money and inventory because Walmart fucked up? Regardless of whether their price match policy compels them to do it, it's a shitty thing to ask and expect. "Those guys screwed up, so I'm taking it out of your ass." When your internal logic resembles a cartoon mafioso, hang it up.
 

scitek

Member
It's ultimately the store manager's decision to sell it at that price or not. If they weren't called to the department to take a look at such a steep discount, that employee should be let go, and the manager needs to do a better job hiring. It's really not on the customer at all.
 
It's ultimately the store manager's decision to sell it at that price or not. If they weren't called to the department to take a look at such a steep discount, that employee should be let go, and the manager needs to do a better job hiring. It's really not on the customer at all.

This

Also why the f are people making rape parralels and getting killed via j walking, such stupidity on so many levels

Its pretty simple
People who made fake listing = unethical
People who took advantage but didnt make the listing = I see no issue, bit morally murky
Wal Mart - Morally broke and destitute on several levels
People Price Matching it - Not doing their jobs
 

prag16

Banned
This

Also why the f are people making rape parralels and getting killed via j walking, such stupidity on so many levels

Its pretty simple
People who made fake listing = unethical
People who took advantage but didnt make the listing = I see no issue, bit morally murky
Wal Mart - Morally broke and destitute on several levels
People Price Matching it - Not doing their jobs

So you must think downloading a pirated game without paying for it is okay too. I mean, the person who downloaded it just took advantage of it being there; they didn't actually crack it and upload/share it, amirite?

inb4 "lulz that's different" From an ethical standpoint, how so?
 

Joey Fox

Self-Actualized Member
Fraud-Triangle.jpg


The rationalization is strong here. It's wrong. By all means, continue lying to everyone and yourself to get ahead. In the long run it will not serve.

Anyone remember the Fraud triangle video from Business Law class? That thing is awesome.
 

Oscar

Member
YMMV on this deal, still potential to work if you get lucky with derpy cashiers.

During my grocery run I just asked the electronics clerk, "hey so do you guys price match the Vita?".

She got nervous and immediately walkie talkie'd "Need a manager on electronics, price check...price check on electronics" and the mamager lady called me out lol. She said "don't bother showing me your ad if it's not sold or fulfilled by Amazon".

The only time I can see this working in the city is during the very late night hours when there's not a lot of potentially smart employees around.
 

Hawk269

Member
The integrity of those of you that know this is fraudulent and you go to Wal Mart and try to convince them to match something you know is fraudulent really says something about that person. What is even more sad, I bet some that have done it ended treating a Store employee or Manager of the Store like shit because you wanted to force the issue and get this matched even though you know it was fraudulent.

It is just sad that some have to partake in these things all knowing that it is a scam, but yet they do it anyways.
 

Hawk269

Member
It was a pricing mistake by Sears, not a fraudulent Amazon listing.

It happened with both the 3DS and the Wii U. When you do a search on Sears website, you get the initial results which are just thumbnails with prices on them. For some technical reason, the thumbnails were showing a drastically reduced price. If you clicked on the Wii U or the 3DS, when the full page would load it would show the correct price for the item.

So it was basically a Glitch and some people knowing it was a glitch took advantage of it and had other retailers price match it. It was hit and miss depending on retailer, but some people were able to get it for those low prices.
 

nynt9

Member
So you must think downloading a pirated game without paying for it is okay too. I mean, the person who downloaded it just took advantage of it being there; they didn't actually crack it and upload/share it, amirite?

inb4 "lulz that's different" From an ethical standpoint, how so?

In piracy the whole "transaction" is illegal. The act of downloading copyrighted works is wrong. Here you're doing a transaction that is completely legally approved.
 
It happened with both the 3DS and the Wii U. When you do a search on Sears website, you get the initial results which are just thumbnails with prices on them. For some technical reason, the thumbnails were showing a drastically reduced price. If you clicked on the Wii U or the 3DS, when the full page would load it would show the correct price for the item.
For the 3DS, yes, but not for the Wii U. It just gave an error if you tried to access the Wii U page.
 

Illucio

Banned
I don't know how to take this, it's Wal-Mart employee's and managers that accepted the price match, they wanted to guarantee best prices on all products.
Yes the prices were a glitch, and amazon prices were fake. But it was still the seller who accepted the agreement for selling a product for that price.

Not everyone got the price because some stores refused, but very few lucky individuals did. Wal-Mart just needs to update their policy and train employees better. Because lets face it, these employees don't work at a video game store, they work at Wal-Mart.
 
When Wal-Mart recently redid their policy for price matching. They actually stated that customers Sony even have to really show and add in order to match either.
 
How is it even possible? Manager must have been drunk or stupid to approve that. When we price match usually we just need an ad and thats it but, for something like they'd need an override and proof. $89.99 for a hot item that's usually $299? That should be a red alert that this deal is BS. Theres no excuse. Cashiers can't ring up these consoles because they are not allowed to leave electronics, and the associate selling this should know the product.
 
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